[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1160 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 403
117th CONGRESS
  2d Session
                                S. 1160

      To prioritize efforts of the Department of State to combat 
     international trafficking in covered synthetic drugs and new 
            psychoactive substances, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 15, 2021

  Mrs. Shaheen (for herself and Mr. Portman) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

                             June 14, 2022

              Reported by Mr. Menendez, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
      To prioritize efforts of the Department of State to combat 
     international trafficking in covered synthetic drugs and new 
            psychoactive substances, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Fighting Emerging Narcotics 
Through Additional Nations to Yield Lasting Results Act'' or ``FENTANYL 
Results Act''.</DELETED>

<DELETED>SEC. 2. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF STATE 
              TO COMBAT INTERNATIONAL TRAFFICKING IN COVERED SYNTHETIC 
              DRUGS.</DELETED>

<DELETED>    (a) In General.--The Secretary of State shall prioritize 
efforts of the Department of State to combat international trafficking 
in covered synthetic drugs by carrying out programs and activities to 
include the following:</DELETED>
        <DELETED>    (1) Supporting increased data collection by the 
        United States and foreign countries through increased drug use 
        surveys among populations, increased use of wastewater testing 
        where appropriate, and multilateral sharing of that 
        data.</DELETED>
        <DELETED>    (2) Engaging in increased consultation and 
        partnership with international drug agencies, including the 
        European Monitoring Centre for Drugs and Drug Addiction, and 
        regulatory agencies in foreign countries.</DELETED>
        <DELETED>    (3) Carrying out the program to provide assistance 
        to build the capacity of foreign law enforcement agencies with 
        respect to covered synthetic drugs, as required by section 
        3.</DELETED>
        <DELETED>    (4) Carrying out exchange programs for 
        governmental and nongovernmental personnel in the United States 
        and in foreign countries to provide educational and 
        professional development on demand reduction matters relating 
        to the illicit use of narcotics and other drugs, as required by 
        section 4.</DELETED>
<DELETED>    (b) Report.--</DELETED>
        <DELETED>    (1) In general.--Not later than one year after the 
        date of the enactment of this Act, the Secretary of State shall 
        submit to the appropriate congressional committees a report on 
        the implementation of this section.</DELETED>
        <DELETED>    (2) Appropriate congressional committees 
        defined.--In this subsection, the term ``appropriate 
        congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Foreign Relations and 
                the Committee on Appropriations of the 
                Senate.</DELETED>
                <DELETED>    (B) the Committee on Foreign Affairs and 
                the Committee on Appropriations of the House of 
                Representatives; and</DELETED>

<DELETED>SEC. 3. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE CAPACITY OF 
              FOREIGN LAW ENFORCEMENT AGENCIES WITH RESPECT TO COVERED 
              SYNTHETIC DRUGS.</DELETED>

<DELETED>    (a) In General.--Notwithstanding section 660 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2420), the Secretary of State 
shall establish a program to provide assistance to build the capacity 
of law enforcement agencies of the countries described in subsection 
(c) to help such agencies to identify, track, and improve their 
forensics detection capabilities with respect to covered synthetic 
drugs.</DELETED>
<DELETED>    (b) Priority.--The Secretary of State shall prioritize 
assistance under subsection (a) among those countries described in 
subsection (c) in which such assistance would have the most impact in 
reducing illicit use of covered synthetic drugs in the United 
States.</DELETED>
<DELETED>    (c) Countries Described.--The foreign countries described 
in this subsection are--</DELETED>
        <DELETED>    (1) countries that are producers of covered 
        synthetic drugs;</DELETED>
        <DELETED>    (2) countries whose pharmaceutical and chemical 
        industries are known to be exploited for development or 
        procurement of precursors of covered synthetic drugs; 
        or</DELETED>
        <DELETED>    (3) major drug-transit countries as defined by the 
        President.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There is authorized 
to be appropriated to the Secretary to carry out this section 
$4,000,000 for each of the fiscal years 2022 through 2026. Such amounts 
shall be in addition to amounts otherwise available for such 
purposes.</DELETED>

<DELETED>SEC. 4. EXCHANGE PROGRAM FOR GOVERNMENTAL AND NONGOVERNMENTAL 
              PERSONNEL TO PROVIDE EDUCATIONAL AND PROFESSIONAL 
              DEVELOPMENT ON DEMAND REDUCTION MATTERS RELATING TO 
              ILLICIT USE OF NARCOTICS AND OTHER DRUGS.</DELETED>

<DELETED>    (a) In General.--The Secretary of State shall establish or 
continue and strengthen, as appropriate, an exchange program for 
governmental and nongovernmental personnel in the United States and in 
foreign countries to provide educational and professional development 
on demand reduction matters relating to the illicit use of narcotics 
and other drugs.</DELETED>
<DELETED>    (b) Program Requirements.--The program required by 
subsection (a)--</DELETED>
        <DELETED>    (1) shall be limited to individuals who have 
        expertise and experience in matters described in subsection 
        (a);</DELETED>
        <DELETED>    (2) in the case of inbound exchanges, may be 
        carried out as part of exchange programs and international 
        visitor programs administered by the Bureau of Educational and 
        Cultural Affairs of the Department of State, including the 
        International Visitor Leadership Program, in consultation or 
        coordination with the Bureau of International Narcotics and Law 
        Enforcement Affairs; and</DELETED>
        <DELETED>    (3) shall include outbound exchanges for 
        governmental or nongovernmental personnel in the United 
        States.</DELETED>
<DELETED>    (c) Authorization of Additional Appropriations.--There is 
authorized to be appropriated to the Secretary to carry out this 
section $1,000,000 for each of fiscal years 2022 through 2026. Such 
amounts shall be in addition to amounts otherwise available for such 
purposes.</DELETED>

<DELETED>SEC. 5. AMENDMENTS TO INTERNATIONAL NARCOTICS CONTROL 
              PROGRAM.</DELETED>

<DELETED>    (a) International Narcotics Control Strategy Report.--
Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291h(a)) is amended by inserting after paragraph (9) the following new 
paragraph:</DELETED>
        <DELETED>    ``(10) Synthetic opioids and new psychoactive 
        substances.--</DELETED>
                <DELETED>    ``(A) Synthetic opioids.--Information that 
                contains an assessment of the countries significantly 
                involved in the manufacture, production, or 
                transshipment of synthetic opioids, including fentanyl 
                and fentanyl analogues, to include the 
                following:</DELETED>
                        <DELETED>    ``(i) The scale of legal domestic 
                        production and any available information on the 
                        number of manufacturers and producers of such 
                        opioids in such countries.</DELETED>
                        <DELETED>    ``(ii) Information on any law 
                        enforcement assessments of the scale of illegal 
                        production, including a description of the 
                        capacity of illegal laboratories to produce 
                        such opioids.</DELETED>
                        <DELETED>    ``(iii) The types of inputs used 
                        and a description of the primary methods of 
                        synthesis employed by illegal producers of such 
                        opioids.</DELETED>
                        <DELETED>    ``(iv) An assessment of the 
                        policies of such countries to regulate licit 
                        manufacture and interdict illicit manufacture, 
                        diversion, distribution, and shipment of such 
                        opioids and an assessment of the effectiveness 
                        of the policies' implementation.</DELETED>
                <DELETED>    ``(B) New psychoactive substances.--
                Information on, to the extent practicable, any policies 
                of responding to new psychoactive substances (as such 
                term is defined in section 7 of the FENTANYL Results 
                Act), to include the following:</DELETED>
                        <DELETED>    ``(i) Which governments have 
                        articulated policies on scheduling of such 
                        substances.</DELETED>
                        <DELETED>    ``(ii) Any data on impacts of such 
                        policies and other responses to such 
                        substances.</DELETED>
                        <DELETED>    ``(iii) An assessment of any 
                        policies the United States could adopt to 
                        improve its response to new psychoactive 
                        substances.''.</DELETED>
<DELETED>    (b) Definition of Major Illicit Drug Producing Country.--
Section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291(e)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (2)--</DELETED>
                <DELETED>    (A) by striking ``means a country in 
                which--'' and inserting the following: ``means--
                </DELETED>
                <DELETED>    ``(A) a country in which--'';</DELETED>
                <DELETED>    (B) by redesignating subparagraphs (A), 
                (B), and (C) as clauses (i), (ii), and (iii), 
                respectively, and moving such clauses, as so 
                redesignated, two ems to the right;</DELETED>
                <DELETED>    (C) in subparagraph (A)(iii), as 
                redesignated by this paragraph, by striking the 
                semicolon at the end and inserting ``; or''; 
                and</DELETED>
                <DELETED>    (D) by adding at the end the following new 
                subparagraph:</DELETED>
                <DELETED>    ``(B) a country which is a significant 
                direct source of illicit narcotic or psychotropic drugs 
                or other controlled substances significantly affecting 
                the United States;''; and</DELETED>
        <DELETED>    (2) by amending paragraph (5) to read as 
        follows:</DELETED>
        <DELETED>    ``(5) the term `major drug-transit country' means 
        a country through which are transported illicit narcotic or 
        psychotropic drugs or other controlled substances significantly 
        affecting the United States.''.</DELETED>

<DELETED>SEC. 6. SENSE OF CONGRESS.</DELETED>

<DELETED>    It is the sense of Congress that--</DELETED>
        <DELETED>    (1) the President should direct the United States 
        Representative to the United Nations to use the voice and vote 
        of the United States at the United Nations to advocate for more 
        transparent assessments of countries by the International 
        Narcotics Control Board; and</DELETED>
        <DELETED>    (2) bilateral, plurilateral, and multilateral 
        international cooperation is essential to combating the 
        trafficking of covered synthetic drugs.</DELETED>

<DELETED>SEC. 7. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) The term ``covered synthetic drug'' means--
        </DELETED>
                <DELETED>    (A) a synthetic controlled substance (as 
                defined in section 102(6) of the Controlled Substances 
                Act (21 U.S.C. 802(6))), including fentanyl or a 
                fentanyl analogue; or</DELETED>
                <DELETED>    (B) a new psychoactive 
                substance.</DELETED>
        <DELETED>    (2) The term ``new psychoactive substance'' means 
        a substance of abuse, or any preparation thereof, that--
        </DELETED>
                <DELETED>    (A) is not--</DELETED>
                        <DELETED>    (i) included in any schedule as a 
                        controlled substance under the Controlled 
                        Substances Act (21 U.S.C. 801 et seq.); 
                        or</DELETED>
                        <DELETED>    (ii) controlled by the Single 
                        Convention on Narcotic Drugs, done at New York 
                        March 30, 1961, or the Convention on 
                        Psychotropic Substances, done at Vienna 
                        February 21, 1971;</DELETED>
                <DELETED>    (B) is new or has reemerged on the illicit 
                market; and</DELETED>
                <DELETED>    (C) poses a threat to the public health 
                and safety.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fighting Emerging Narcotics Through 
Additional Nations to Yield Lasting Results Act'' or the ``FENTANYL 
Results Act''.

SEC. 2. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF STATE TO COMBAT 
              INTERNATIONAL TRAFFICKING IN COVERED SYNTHETIC DRUGS.

    (a) In General.--The Secretary of State shall prioritize efforts of 
the Department of State to combat international trafficking of covered 
synthetic drugs by carrying out programs and activities to include the 
following:
            (1) Supporting increased data collection by the United 
        States and foreign countries through increased drug use surveys 
        among populations, increased use of wastewater testing where 
        appropriate, and multilateral sharing of that data.
            (2) Engaging in increased consultation and partnership with 
        international drug agencies, including the European Monitoring 
        Centre for Drugs and Drug Addiction, regulatory agencies in 
        foreign countries, and the United Nations Office on Drugs and 
        Crime.
            (3) Carrying out programs to provide technical assistance 
        and equipment, as appropriate, to strengthen the capacity of 
        foreign law enforcement agencies with respect to covered 
        synthetic drugs, as required by section 3.
            (4) Carrying out exchange programs for governmental and 
        nongovernmental personnel in the United States and in foreign 
        countries to provide educational and professional development 
        on demand reduction matters relating to the illicit use of 
        covered synthetic drugs and other drugs, as required by section 
        4.
    (b) Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of State shall submit 
        to the appropriate congressional committees a report on the 
        implementation of this section.
            (2) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives.

SEC. 3. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE CAPACITY OF FOREIGN 
              LAW ENFORCEMENT AGENCIES WITH RESPECT TO COVERED 
              SYNTHETIC DRUGS.

    (a) In General.--Notwithstanding section 660 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2420), the Secretary of State shall 
establish a program to provide assistance to strengthen the capacity of 
law enforcement agencies of the countries described in subsection (c) 
to help such agencies to identify, track, and improve their forensics 
detection capabilities with respect to covered synthetic drugs.
    (b) Priority.--The Secretary of State shall prioritize technical 
assistance, and the provision of equipment, as appropriate, under 
subsection (a) among those countries described in subsection (c) in 
which such assistance and equipment would have the most impact in 
reducing illicit use of covered synthetic drugs in the United States.
    (c) Countries Described.--The foreign countries described in this 
subsection are--
            (1) countries that are producers of covered synthetic 
        drugs;
            (2) countries whose pharmaceutical and chemical industries 
        are known to be exploited for development or procurement of 
        precursors of covered synthetic drugs; or
            (3) major drug-transit countries for covered synthetic 
        drugs as defined by the Secretary of State.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of State to carry out this section 
$4,000,000 for each of the fiscal years 2022 through 2026. Such amounts 
shall be in addition to amounts otherwise available for such purposes.

SEC. 4. EXCHANGE PROGRAM ON DEMAND REDUCTION MATTERS RELATING TO 
              ILLICIT USE OF COVERED SYNTHETIC DRUGS.

    (a) In General.--The Secretary of State shall establish or continue 
and strengthen, as appropriate, an exchange program for governmental 
and nongovernmental personnel in the United States and in foreign 
countries to provide educational and professional development on demand 
reduction matters relating to the illicit use of covered synthetic 
drugs and other drugs.
    (b) Program Requirements.--The program required by subsection (a)--
            (1) shall be limited to individuals who have expertise and 
        experience in matters described in subsection (a);
            (2) in the case of inbound exchanges, may be carried out as 
        part of exchange programs and international visitor programs 
        administered by the Bureau of Educational and Cultural Affairs 
        of the Department of State, including the International Visitor 
        Leadership Program, in coordination with the Bureau of 
        International Narcotics and Law Enforcement Affairs; and
            (3) shall include outbound exchanges for governmental or 
        nongovernmental personnel in the United States.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of State to carry out this section 
$1,000,000 for each of fiscal years 2022 through 2026. Such amounts 
shall be in addition to amounts otherwise available for such purposes.

SEC. 5. AMENDMENTS TO INTERNATIONAL NARCOTICS CONTROL PROGRAM.

    (a) International Narcotics Control Strategy Report.--Section 
489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is 
amended--
            (1) by redesignating the second paragraph (10) as paragraph 
        (11); and
            (2) by adding at the end the following:
            ``(12) Covered synthetic drugs and new psychoactive 
        substances.--
                    ``(A) Covered synthetic drugs.--Information that 
                contains an assessment of the countries significantly 
                involved in the manufacture, production, transshipment, 
                or trafficking of covered synthetic drugs, to include 
                the following:
                            ``(i) The scale of legal domestic 
                        production and any available information on the 
                        number of manufacturers and producers of such 
                        drugs in such countries.
                            ``(ii) Information on any law enforcement 
                        assessments of the scale of illegal production 
                        of such drugs, including a description of the 
                        capacity of illegal laboratories to produce 
                        such drugs.
                            ``(iii) The types of inputs used and a 
                        description of the primary methods of synthesis 
                        employed by illegal producers of such drugs.
                            ``(iv) An assessment of the policies of 
                        such countries to regulate licit manufacture 
                        and interdict illicit manufacture, diversion, 
                        distribution, shipment, and trafficking of such 
                        drugs and an assessment of the effectiveness of 
                        the policies' implementation.
                    ``(B) New psychoactive substances.--Information on, 
                to the extent practicable, any policies of responding 
                to new psychoactive substances, to include the 
                following:
                            ``(i) Which governments have articulated 
                        policies on scheduling of such substances.
                            ``(ii) Any data on impacts of such policies 
                        and other responses to such substances.
                            ``(iii) An assessment of any policies the 
                        United States could adopt to improve its 
                        response to new psychoactive substances.
                    ``(C) Definitions.--In this paragraph, the terms 
                `covered synthetic drug' and `new psychoactive 
                substance' have the meaning given those terms in 
                section 7 of the FENTANYL Results Act.''.
    (b) Definition of Major Illicit Drug Producing Country.--Section 
481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) is 
amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (C), by striking ``; or'' and 
                inserting a semicolon;
                    (B) in subparagraph (D), by striking the semicolon 
                at the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(E) that is a significant direct source of 
                covered synthetic drugs or psychotropic drugs or other 
                controlled substances, including precursor chemicals 
                when those chemicals are used in the production of such 
                drugs and substances, significantly affecting the 
                United States;'';
            (2) by amending paragraph (5) to read as follows:
            ``(5) the term `major drug-transit country' means a country 
        through which are transported covered synthetic drugs or 
        psychotropic drugs or other controlled substances significantly 
        affecting the United States;'';
            (3) in paragraph (7), by striking ``; and'' and inserting a 
        semicolon;
            (4) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (5) by adding at the end the following:
            ``(9) the term `covered synthetic drug' has the meaning 
        given that term in section 7 of the FENTANYL Results Act.''.

SEC. 6. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the President should direct the United States 
        Representative to the United Nations to use the voice, vote, 
        and influence of the United States at the United Nations to 
        advocate for more transparent assessments of countries by the 
        International Narcotics Control Board; and
            (2) bilateral, plurilateral, and multilateral international 
        cooperation is essential to combating the trafficking of 
        covered synthetic drugs.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Covered synthetic drug.--The term ``covered synthetic 
        drug'' means--
                    (A) a synthetic controlled substance (as defined in 
                section 102(6) of the Controlled Substances Act (21 
                U.S.C. 802(6))), including fentanyl or a fentanyl 
                analogue; or
                    (B) a new psychoactive substance.
            (2) New psychoactive substance.--The term ``new 
        psychoactive substance'' means a substance of abuse, or any 
        preparation thereof, that--
                    (A) is not--
                            (i) included in any schedule as a 
                        controlled substance under the Controlled 
                        Substances Act (21 U.S.C. 801 et seq.); or
                            (ii) controlled by the Single Convention on 
                        Narcotic Drugs, done at New York March 30, 
                        1961, or the Convention on Psychotropic 
                        Substances, done at Vienna February 21, 1971;
                    (B) is new or has reemerged on the illicit market; 
                and
                    (C) poses a threat to the public health and safety.
                                                       Calendar No. 403

117th CONGRESS

  2d Session

                                S. 1160

_______________________________________________________________________

                                 A BILL

      To prioritize efforts of the Department of State to combat 
     international trafficking in covered synthetic drugs and new 
            psychoactive substances, and for other purposes.

_______________________________________________________________________

                             June 14, 2022

                       Reported with an amendment